evidence handling - accidental damage/destruction

I'd want to know the where (big city, small town, municipal, state or federal) and how serious a case to give you a better answer.

It depends upon how critical the evidence is. I'm not sure I see how a lamp would be that critical as evidence.

However, the legal battles over this would be epic. As a defense attorney, I'd be fighting like crazy to suppress anything found in this fashion. It would be interesting to see how the search warrant had been written for the original seizure of the lamp. I've got to tell you, this would make a great question for a law school exam.

Best of luck,

Jim Clark-Dawe

The bottom line is that the evidence would not be available for the trial and the defendant could possible be found not guilty or the state may be forced to drop the charges. Where I am from, the arresting agency maintains the evidence until the time of trial so the prosecutor (called a solicitor in SC) could not lose it. If the loss is due to stupidity someone might get fired, but more likely it would get covered up or go unnoticed. If the loss was drugs, money or something of value, it would likely be investigated by a state law enforcement agency. Courts and law enforcement (in SC) are required to keep any evidence that contains or may contain DNA until the defendant is released from prison. If that type of exhibit was lost, a defendant could have his conviction overturned.


Most cases are not tried but are disposed through a guilty plea, in which case there is no evidence presented.

Not sure if this rambling made sense but hope it helps.

after reading your lamp paper post, your lawyer could go to the evidence custodian and view the exhibits and accidentally break the lamp there, or have the arresting officer bring the exhibits to his office where the lamp is broken. Or how about show the lamps being made and the lawyer has a eureka moment and breaks open the lamp in open court like Mattlock.

melindamusil said:

What would be the fallout if a prosecutor or law enforcement officer (accidentally) loses/damages/destroys evidence?

Click to expand...

Happens all the time. Fallout depends on the evidence, how it's lost/damaged/destroyed and where in the trial/investigation process it happens.

What do you want to happen for your story?

Jeff